HomeMy WebLinkAbout032017_ca01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Tracie Bick _*
DATE: 3/15/17
RE: Maintenance Agreement JAVS
STATEMENT OF ISSUE: - The purpose of this agreement is to provide a one-year
service/maintenance agreement on the E4 Precision Court Recording System and Sony PCS -1
video conferencing system located in Jefferson County District Court.
ANALYSIS: This agreement covers service and maintenance for our video and audio
recording for District Court. Pursuant to RCW 3.30.070 the clerk of each district court shall
keep uniform records of each case filed and the proceedings. District Court uses JAVS to
keep records of all its court proceedings.
FISCAL IMPACT: Expenditure of $2,550.00 from the trial court improvement fund.
RECOMMENDATION: Execute the agreement as presented.
DEPARTMENT CONTACT: Tracie Bick
REVIEWED BY:
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JusricF/Usot-UTIQNS MAINTENANCE, REPAIR, AND SUPPORT AGREEMENT
This Maintenance, Repair, and Support Agreement "Agreement" is entered into by and between Justice AV
Solutions "JAVS" and Jefferson County District Court located in Port Townsend, Washington
"Customer" for the period of February 1, 2017 extending through January 31, 2018.
WHEREAS, Customer is in possession of the JAVS recording system(s) more particularly identified in
Attachment A "System(s)";
WHEREAS, JAVS will provide the following maintenance, repair, and support services so as to maximize
the reliability of Customer's System(s) "Services";
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties
hereby agree as follows:
A. SERVICES
1. Bi -Annual Inspections. JAVS will perform a bi-annual inspection, review of the operational test
recordings and adjustments of each System for the JAVS built PCs/recorders, AutoLog software and
equipment if scheduled time to access the room and equipment is provided by Customer during regular
business hours. JAVS will provide user recommendations to Customer and a maintenance form detailing the
status of each System which includes key system information and hard drive capacity of the JAVS built
PCs/recorders.
2. JAVS Provided Equipment. JAVS will document and test each function/mode of the entire System(s)
which includes the automatic audio and video mixer/switcher, control boxes, microphones, cameras, time
and date generator, monitors, streaming servers, recorders, PA processors and speakers, private mode feed
muting, playback/presentation, assisted listening devices and conferencing to ensure proper creation of the
audio/video record and system operation.
3. JAVS Built PCs/Recorders. JAVS will inspect the system logs for errors, update the Windows Operating
System, hardware drivers, specific programs related to the capture and playback of the recording, and will
provide revisions to the installed JAVS software and to the JAVS recorders. A test of the JAVS supplied
CD/DVD drive will be performed to ensure Customer can create off-line back-up recordings. Hardware or
operating system malfunctions of the client -provided PC and/or client -managed network will be the
responsibility of the Customer. In addition, JAVS will repair JAVS built PCs/recorders as long as parts are
available.
4. JAVS AutoLog Software. A test of the JAVS software will be performed to ensure proper operation
including scheduling, interfacing with the AN mixer/switcher to activate system modes, starting and
stopping of recordings/sessions, publishing, and playback of the recording.
S. Help Desk Support. In the event of a System(s) malfunction or questions about system operation, the
Customer is encouraged to first contact the JAVS help desk by phone at 877-528-7457 or via email at
helpdesk ays.com Monday -Friday 7:00am to 6:00pm EST. Outside of regular business hours, Customer
may contact the local Safeguard Technician. Calls after 5:00pm local time will normally go to voicemail and
be addressed at the beginning of the next business day. JAVS trained help desk staff provides immediate
troubleshooting, training and diagnostics on common issues that can be resolved quickly. We also provide
on-line PC support and training through your Internet connection. If the issue requires an on-site technician
for repair, our help desk will gather the necessary contact information including: Contact's name, phone
number, city, room affected and a detailed description of the issue. The contact information is required for
JAVS help desk to log/track the issue properly, assign a priority level and dispatch the appropriate technician
for that location. Each of our technicians is equipped to train and customize the System(s) to your needs.
6. Response Times. In the event that an on-site repair is required to address a reported issue, a JAVS
Safeguard Technician will schedule a visit during regular business hours. The response time is conditional to
Customer's approved room and equipment availability and the severity of the issue, which is measured in
four priority levels: Urgent, High, Normal and Supportive. Any variation from the timeframes referenced
below will be discussed and mutually agreed upon by Customer and JAVS. For clarification, the priority
levels are described in the table below:
Priority
Example
InitialOn-Site**
Level
Response*
Response
Non -Recording System; inability to record audio; inability
1 Business
2 Business
Urgent
to record judge, witness or attorney microphone(s)
Hour
Days
Faulty monitor, camera, microphone (other than Urgent
2 Business
3 Business
High
Level examples), or system mode not critical to recording;
Hours
Days
publishing; SDR; video conferencing
System adjustments to microphone or PA levels, camera
4 Business
5 Business
Normal
views and user settings; CaseViewer software
Hours
Days
Next scheduled
Operational training or minor/preferred hardware or
8 Business
maintenance or
Supportive
software user adjustments
Hours
other higher level
repair visit
*An "Initial Response" for the purposes of this Agreement is when a service ticket is opened and
acknowledged by JAVS help desk or JAVS Safeguard Technician.
**An "On -Site Response" for the purposes of this Agreement is the time from when JAVS help desk or
JAVS Safeguard Technician logs the ticket and when the JAVS Safeguard Technician arrives to Customer's
agreed upon appointment for the initial on-site repair.
7. On -Site Repair. During the process of an on-site repair, the JAVS Safeguard Technician will attempt to
repair the faulty equipment dependent upon parts and courtroom availability. If the equipment is not
repairable in the field, either a loaner unit will be installed until the original equipment is repaired and
reinstalled or a permanent exchange will be put into service. If the failed equipment does not affect an urgent
priority level repair, then a loaner will not be required. If products or parts are no longer supported by the
original equipment manufacturer and deemed non -repairable, Customer will be responsible for the purchase
of a replacement product or part. If the failed equipment is listed on the obsolete list per Attachment B, then
JAVS will provide a quote to upgrade the affected product or part.
8. Modification of Operation. Occasionally a change of usage, operation or enhancement of operation is
desired by Customer. JAVS will provide a quote for the changes or enhancements. A requested change or
upgrade that is authorized by Customer and approved by JAVS, will be performed in accordance with agreed
specifications. Customer will purchase any additional hardware as may be required; the newly purchased
hardware will be covered by a one-year warranty period commencing with the completion of installation, but
will not extend the existing Agreement. Following the warranty period, Customer will have the option to add
the new hardware to the Agreement at a prorated rate if applicable. Maintenance Fee for following contract
period will be calculated to include upgraded or added equipment, if applicable.
F)
9. Updates. At its option, JAVS may offer to include certain updates to the System(s) as part of this
Agreement. The inclusion of updates, if any, will be for software revisions and minor hardware. This will
assist JAVS to maintain a consistent level of engineering in every system and will promote compatibility
among the System(s). Updates will not include major equipment changes, such as microphones, recorders,
cameras, hard drives, or operating system. Updates will be performed with Customer's approval.
JAVS will provide minor revision software updates for AutoLog— and other JAVS branded software.
Software updates must be compatible with the hardware installed and with the permission of the Customer.
B. EXCLUSIONS
Notwithstanding anything to the contrary elsewhere in this Agreement, JAVS shall have no responsibility
and/or liability in regards to the following:
1. Normal wear and tear items such as Back-up UPS's, projector lamps, television picture tubes and
plasma displays.*
2. Consumable items such as batteries, CD's, DVD's, printer paper, and print cartridges.*
3. Services, software, hardware, and Operating Systems that are no longer supported by a third party.
**
4. Upgrades of recording systems which would transition from VCR's to digital recording or major
software version upgrades, such as AutoLog 5 to AutoLog 6 or Suite 7.
5. Vandalism (including inmate abuse), deliberate tampering with the System(s), intentional or
unintentional damage caused by other contractors/staff, attempted repair and/or maintenance by any
personnel not employed by JAVS. **
6. Repair or replacement of any equipment in the event of damage due to negligence or other claims
covered by Customer's insurance.**
7. Customer -provided or non-JAVS certified equipment, hardware, and software. **
8. Moving of equipment. * *
9. Customer requested on-site advanced training. **
10. Repairs and/or service that requires reconfiguring JAVS equipment due to changes made by
Customer's third party hardware, network, anti-virus settings, or any local IP provider connection
(i.e. change of IP address or network configuration).**
11. Lost records or data recovery due to equipment failure, computer viruses or Customer user error.
12. Shipping delays for repair, loaner or replacement parts and equipment.
*Customer approval required for the purchase of a replacement part/product (no labor charge).
**Customer approval required to perform services for the indicated Exclusions, which will be billed at
current labor rates plus parts and expenses if applicable.
C. TERMS
1. The effective date of this Agreement is February 1, 2017 and will continue for a period of one year
thereafter.
2. Fees; Pam. In consideration of JAVS provision of the Services, Customer pays a fixed fee of
$ 2,550"Fee" plus any applicable state taxes. Payment of Fee will be made within 30 days from the date of
invoice.
Note: JAVS reserves the right to review and recalculate fees associated with the maintenance agreement
and adjust accordingly for the next contract period. Changes in pricing of fees reflect added coverage
for new equipment and/or services not previously covered under the maintenance agreement and/or the
removal of equipment that is no longer covered. This review is performed annually prior to the delivery
of the subsequent agreement and can affect your agreement fees for that period.
3. Video Conferencing Systems. A fee of $115.00 per hour (one hour minimum) will apply for each request
for on-site service of Video Conferencing Systems (i.e. Polycom Codecs, Sony Codecs, Arraignment, etc.).
The $115.00 per hour fee commences when technician arrives on site. Parts and shipping charges will be
invoiced as separate items.
4. Refunds. Refunds of Fees payable hereunder will be limited to a pro -rated portion calculated per
business day of the total amount paid for the Agreement in the event that an agreed response time is not met.
The pro -rated portion of the Agreement Fees payable to Customer as a refund shall be limited to the number
of days required to respond that are in excess of the agreed response period. No refund shall be payable for
days that JAVS does not have access to the covered equipment. No refund shall exceed the value of the
Agreement. A request for a pro -rated refund payable to Customer for a decommissioned System(s) must be
received in writing.
D. NO WAIVER
WHETHER BY CHOICE OR NEGLECT JAVS FAILURE TO ENFORCE ANY TERM, EXCLUSION,
OR LIMITATION HEREIN SHALL NOT BE CONSTRUED OR INTERPRETED AS A WAIVER OF
JAVS RIGHT TO ENFORCE ANY TERM, EXCLUSION, OR LIMITATION CONTAINED IN THIS
AGREEMENT.
E. LIMITATION OF LIABILITY
JAVS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS
AGREEMENT OR ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE
FOR USE OR FOR LOST DATA OR SOFTWARE. SOME STATES (OR JURISDICTIONS) DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
F. DISPUTE RESOLUTION
ANY CLAIM, DISPUTE, OR CONTROVERSY, WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS AGAINST JAVS arising from or relating to
this Agreement, its interpretation, performance, or the breach, termination or validity thereof, the
4
relationships which result from this Agreement, including, to the full extent permitted by applicable law,
limitations of liability, indemnity, and relationships with third parties, JAVS advertising, or any related
purchase or service SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code
of Procedure then in effect (available via the Internet at http://www.arb-forum.com/, or via telephone at 800-
474-2371).
ARBITRATION AND ALL RELATED PROCEEDINGS SHALL TAKE PLACE IN LOUISVILLE,
JEFFERSON COUNTY, KENTUCKY. Further, the arbitration will be limited solely to the dispute or
controversy between Customer and JAVS. Any award of the arbitrator(s) shall be final and binding on each
of the parties, and may be entered as a judgment in a court of competent jurisdiction. Information may be
obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
ACCEPTED BY CUSTOMER
Jefferson County District Court
Signature
Name
ACCEPTED BY JAVS
Justice AV Solutions
Signature
Name Daris Benton
Title Title
Date Date
ACCEPTED BY CUSTOMER
Additional Court Representative (if required by court)
Signature
Name
Title
Date
Customer contact for scheduling of maintenance/repair
Name
Title
Phone
Email
Contract Administrator
March 2, 2017